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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have right of way over a strip of my neighbours land into

Customer Question

I have right of way over a strip of my neighbours land into my garage. We have parked there on this driveway since 1996 with no issue from the previous neighbour. New neighbours have now moved in and informed us that they own the land (we previously believed we did) though the deeds do show it is part of their estate and have asked us not to park there so that they can. If we cannot park there are they also not supposed to park due to our right of way?
Submitted: 1 year ago.
Category: UK Property Law
Customer: replied 1 year ago.
Deeds state 'together with a right of way with or without motor vehicles and other vehicles over and along the strip of land coloured brown on the said plan in common only with the owner or occupiers of the property adjoining known as nightingale.
If we have parked there for 20 years do we have a claim to the land?
Customer: replied 1 year ago.
Deds for both properties attaches
Expert:  Property Lawyer replied 1 year ago.

Hi Gareth

Thanks for your question.

You have a right of way only according to the deeds. There is no entitlement to park on the land.

However, as you have been parking there for 20 years you could claim a prescriptive right.

Do you have anything which you could use to substantiate that you have been parking on the land for a condo you'd period of 20 years? Would the previous owner(s) / neighbours make a statement to support this?

The neighbour cannot park on the land and obstruct your right of way.

Customer: replied 1 year ago.
Unfortunately the previous neighbour has passed away so would not be able to substantiate the claim that we have parked there since moving in 20 years ago. Is there a time frame for claiming a prescriptive right? I.e. how long would we need to have used the land in that way to be able to claim it? Thank you for your answer